83
83
Dec 9, 2012
12/12
by
MSNBCW
tv
eye 83
favorite 0
quote 0
one is doma, defense of marriage act. this administration won't defend it in the courts. if that gets struck down, what does that say to cases where people have been allowed to marry in the same gender. what happens if doma gets struck down by the court, 5-4, whatever. >> the ridiculously named defense of marriage act would be gone. >> what would it mean to a person married? >> that would bemean couples married in those states would be recognized by the federal government. would mean we still have a lot of work to do and depending how they rule in the prop 8 case we still need other states to move forward with the right to marry. >> an honor to have you on and elizabeth, glad to have you back in a much bigger studio now. the republican establishment at war with his crazy wing, said they lost election because i ideologues pulled mitt romney too far to the right. wrong says the right ring, we lost because mitt romney wasn't right wing enough. the winner will determine whether the gop returns to the center or becomes a more fringy party. >>> two people get in the room. the p
one is doma, defense of marriage act. this administration won't defend it in the courts. if that gets struck down, what does that say to cases where people have been allowed to marry in the same gender. what happens if doma gets struck down by the court, 5-4, whatever. >> the ridiculously named defense of marriage act would be gone. >> what would it mean to a person married? >> that would bemean couples married in those states would be recognized by the federal government....
146
146
Dec 8, 2012
12/12
by
MSNBCW
tv
eye 146
favorite 0
quote 0
what happens it doma gets struck down by the court, 5-4 or whatever? >> the ridiculously named defense of marriage act would be gone obviously. >> what would it mean to a gay person who is married? >> that would mean that couples who are married in those states as well as the district of columbia, their marriages would be recognized by the federal government. now, it would mean we still have a lot of work to do, and depending on how they rule in the prop 8 case, we would still need other states to move forward with the right to marry. >> right. >> thank you. it's an honor to have you on and your organization. elizabeth birch, we are in a much bigger studio. >>> the republican establishment is at war with its crazy wing. they say they lost the election because ideologues pulled mitt romney foo far to the right. that sounds reasonable. wrong says the right wing. we lost because mitt romney wasn't right wing enough. the winner of this little tango will determine whether the gop moves to the center where it might find some votes or becomes an even more fri
what happens it doma gets struck down by the court, 5-4 or whatever? >> the ridiculously named defense of marriage act would be gone obviously. >> what would it mean to a gay person who is married? >> that would mean that couples who are married in those states as well as the district of columbia, their marriages would be recognized by the federal government. now, it would mean we still have a lot of work to do, and depending on how they rule in the prop 8 case, we would still...
190
190
Dec 7, 2012
12/12
by
MSNBCW
tv
eye 190
favorite 0
quote 1
so i think that doma law goes by the wayside. the second question is an equal protection question and goes specifically at the california referendum which -- >> the proposition 8. >> the proposition, proposition 8, which makes it illegal under california law to have gay marriage. they will look at that under the equal protection clause. i think it's a little bit hazardous to anticipate where the court will go on that question, and i would be reluctant to do that, but that's kind of an equal protection question. the request he is will the court be ahead of where the public is or behind the public. this is a question that eventually sooner or later, probably sooner, the public will come around to recognize and already is showing by the polls that marriage equality should be considered a fundamental constitutional right. >> professor peterson, to julian's point, despite its rulings on the president's health care law, on immigration, this court maintains a conservative tilt. is this necessarily good news for supporters of same-sex ma
so i think that doma law goes by the wayside. the second question is an equal protection question and goes specifically at the california referendum which -- >> the proposition 8. >> the proposition, proposition 8, which makes it illegal under california law to have gay marriage. they will look at that under the equal protection clause. i think it's a little bit hazardous to anticipate where the court will go on that question, and i would be reluctant to do that, but that's kind of...
128
128
Dec 7, 2012
12/12
by
MSNBCW
tv
eye 128
favorite 0
quote 0
what doma says is two things. one state does not have to recognize the marriage law, same-sex marriage law, of another state. that would be struck down and then there would have to be another test as to full faith and credit. >> if you move from california to utah and you're getting the recognized marriage in california but not in utah, but in utah living in salt lake city you'd be able to get social security benefits and all the federal stuff. >> you would -- it's not clear. >> it would depend how the court rules in that case. >> if the court reaches the question of full faith and credit, what that is, utah must recognize the marriage laws of california, then, yes -- >> but you'd still be getting your social security checks, wouldn't you? >> it's not clear -- >> let's go back to a clear case. if prop 8 -- if the decision by the 9th, if the decision to strike that down, if that is upheld, where do we stand? what does that do? is equality then the law of the land? is marriage equality the law of land? >> it would d
what doma says is two things. one state does not have to recognize the marriage law, same-sex marriage law, of another state. that would be struck down and then there would have to be another test as to full faith and credit. >> if you move from california to utah and you're getting the recognized marriage in california but not in utah, but in utah living in salt lake city you'd be able to get social security benefits and all the federal stuff. >> you would -- it's not clear....
160
160
Dec 8, 2012
12/12
by
MSNBCW
tv
eye 160
favorite 0
quote 0
so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government is meddling with the state definitions of marriage. with respect to the prop 8 case, i think again kennedy, because of these two cases i mentioned, is likely to be sympathetic but may be incremental. he may say something along the lines of one state or eight states have to flip. i don't think he'll flip all 41. >> we always appreciate your valuable insight. we hope you'll stick around for the next few months and continue to provide that as we wade through what is undoubtedly going to be a fairly complex case, as well. good saturday to you, sir. thank you for your time. >>
so with a doma case, it's like justice kennedy's most favorite things. because justice kennedy loves state power. >> loves state's rights. ? and he loves gay rights because of the 1996 case and the 2003 case, both of which he authored the opinion that upheld the rightings of lgbtv individuals. the doe ma case is like the perfect convergence of those two strands so, that's why i'm so confident about the doma case because it's a state's rights case in the sense that the federal government...
104
104
Dec 10, 2012
12/12
by
MSNBCW
tv
eye 104
favorite 0
quote 0
if we first talk about doma, if it is struck down, what does that mean nationally? >> well, it means only that if you live in a state that permits same-sex marriage and you are in a same-sex marriage, that the federal government will recognize your marriage. doma does not require states to do anything. it doesn't require anybody to do anything. but right now it prevents the federal government from granting recognition to same-sex marriages like, for instance, in new york. if that is struck down, the people who are married in states that allow it will get full federal recognition. >> which is over more than 1,000 federal benefits that go along with that. >> it's very important. it would be very significant. >> jonathan, we talk about prop 8 in california. if that is struck down, does that mean marriage equality then for all intents and purposes is legal in all states? does what happens in california then change the relevance for 49 other states? >> well, this all gets to how the supreme court rules. you know, i think it was the ninth circuit -- the ninth circuit cour
if we first talk about doma, if it is struck down, what does that mean nationally? >> well, it means only that if you live in a state that permits same-sex marriage and you are in a same-sex marriage, that the federal government will recognize your marriage. doma does not require states to do anything. it doesn't require anybody to do anything. but right now it prevents the federal government from granting recognition to same-sex marriages like, for instance, in new york. if that is...
170
170
Dec 9, 2012
12/12
by
MSNBCW
tv
eye 170
favorite 0
quote 0
doma cases are slightly different. i think the doma challenge is much narrower challenge and i expect it to be much more optimistic about a kind of flat-out ruling that this is unconstitutional by the supreme court. the reason i think that, melissa, doma doesn't require any state to change its marriage laws. all it says is the federal government is going to return to what the federal government was always doing before. we were talking about federalism issues earlier in the show. in the history of marriage, the federal government has always deferred to state definitions of marriage. let me give you an example. some states allow first cousins to marry, others don't because of prohibitions, incest concerns and things like that. whatever the state definitions are, the federal government has always followed the state definition. if a state says they're married, the federal government says for the purposes of benefits they're married. in 1996, the defense of marriage act departed from that practice and said the federal gover
doma cases are slightly different. i think the doma challenge is much narrower challenge and i expect it to be much more optimistic about a kind of flat-out ruling that this is unconstitutional by the supreme court. the reason i think that, melissa, doma doesn't require any state to change its marriage laws. all it says is the federal government is going to return to what the federal government was always doing before. we were talking about federalism issues earlier in the show. in the history...
162
162
Dec 10, 2012
12/12
by
MSNBCW
tv
eye 162
favorite 0
quote 0
the first seeks to strike down the federal government's defense of marriage act, known as doma. the second involves a challenge to california's proposition 8, a voter-approved ballot initiative that outlawed same-sex marriage. a federal appeals court struck down the law earlier this year. the court's decision to weigh in on marriage equality came as same-sex couples began marrying in washington state yesterday. on election day voters there and in maryland and in maine made history when they became the first states to approve same-sex marriage at the ballot box. joining us now to discuss is steve, chair of the gay and lesbian victory fund. great to have you. >> nice to be here, alex. s. >> so a lot of tea leaf read and arm chair prognostication around this. i am by no means a supreme court expert, but when i saw that they were taking up both doma and prop 8, question as to whether they would take up inform i them at all, it seemed to me a signal that the court was ready to make a big decision, and i just cannot imagine, especially when you have conservatives like john roberts, wh
the first seeks to strike down the federal government's defense of marriage act, known as doma. the second involves a challenge to california's proposition 8, a voter-approved ballot initiative that outlawed same-sex marriage. a federal appeals court struck down the law earlier this year. the court's decision to weigh in on marriage equality came as same-sex couples began marrying in washington state yesterday. on election day voters there and in maryland and in maine made history when they...
160
160
Dec 10, 2012
12/12
by
MSNBCW
tv
eye 160
favorite 0
quote 0
. >> i've heard from the justice department on doma and not with prop 8 and makes it all the more curious. >> the justice department has, again, had a leadership position on overturning the defensive marriage act but if you take the legal position they have advocated in the defensive marriage act cases and you apply it to a situation like proposition 8, all of those anti-gay laws go by the wayside and really a question of them taking the arguments they made in one case and making them again in this other case. >> i want to read from an associated press article on the fear and hope some have regarding gay marriage. gay marriage supporters see 41 reasons to fret over the supreme court's decision to take up the case of california's man on same sex issues and nine states allow partners to marry or will soon. 41 states do not. of those, 30 have written gay marriage bans into their state's constitution. >> i'm not that worried and the reason is because i think that the supreme court would have only taken these cases if they thought that they were ripe for a decision that moves the country forwa
. >> i've heard from the justice department on doma and not with prop 8 and makes it all the more curious. >> the justice department has, again, had a leadership position on overturning the defensive marriage act but if you take the legal position they have advocated in the defensive marriage act cases and you apply it to a situation like proposition 8, all of those anti-gay laws go by the wayside and really a question of them taking the arguments they made in one case and making...
300
300
Dec 9, 2012
12/12
by
MSNBCW
tv
eye 300
favorite 0
quote 0
let's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're going to pre-empt you before you try. i think social cons are in a much better position when they say, look, let's make it so the government can't compel us to do things privately we don't want to do. i think you'll see much more emphasis placed on that. the question will be more than what will the supreme court try to do because they don't want to be out in front of public opinion too much. it's going to be fascinating. >> and they've rarely been accused of doing that either. david, let's move on to prop 8 in california. i
let's start with doma. if that is struck down by the high court, thewill that be thed of conservatives' attempts of outlawing gay marriage? >> it is the mother of all federal laws to try to outlaw. it will be over it it's overturned. if social conservatives try to get smart about this stuff, looking for opportunities to play defense instead of offense, doma, which is a terrible law in my estimation, was an attempt to completely play offense. you can't do this anywhere in any state. we're...